Legal Research On The Dispute Of Real Estate Sales Contract

The real estate industry is a dominant part of Chinaeconomy. With the development of the economic environment and the consecutive improvement of people’s living condition,increasing demand for housing is appearing. Like any industries, the rapid rise of the real estate industry definitely needs to come with legal constraints, and as a new market, the relevant laws of our country are gradually being improvedand optimized, but which still can not avoid legal disputes in this area until now, and especially in the field of real estate presale system. For this, the author of this articleintends to discuss from a legal point of view about this phenomenon, and try to analyze the role of presalecontract in the disputes, thus to remind people of avoiding disputes and research how the law could actually play a role for prevention.Presale system of real estatehasbecame a common mode of real estate transactions during recent years, and also the presalecontract becomes a common mode of current real estate contract, but the special feature of this presale contract is it will not ask the both sides to immediately fulfill obligations on the contract, which could lead to legal disputes easily.Today, the presale system of real estate of China has been improved to a relatively well state, but the corresponding protection of right of consumers dose not go well with it, and the fact is consumers are always standing at the weak side when disputes appear. In this paper, three typical cases about presale of real estate are introduced and analyzed, forwarning consumers and presalers to avoid disputes via signing contracts under the guidance of pertinent laws.The three cases in the paper involve there aspects of presale contract, which are the legal effectiveness of real estate presale contract, the content of real estate presale contract and the liability for breach contract. According to relevant legal document and relevant court cases, andby taking practical problems of real estate presale system of our country into consideration, the author makes detailed analyzation and gives concrete settlements, which could help decreasing and solving disputes caused by presale contract of real estate.